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(영문) 의정부지방법원 2016.10.19 2015가합52326
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 28, 2014, prior to the filing of the instant lawsuit, a corporation that manufactures and sells various pipes materials, pipes, hacks, etc. (hereinafter “Rehabilitation Company”) received a decision to commence rehabilitation procedures as the Seoul Central District Court 2014hap103, May 28, 2014; the Plaintiff was appointed as the custodian; and on December 17, 2014, the rehabilitation procedure was authorized to obtain the rehabilitation plan approval.

B. On July 30, 2008, the rehabilitation company entered into an agreement with E (hereinafter “E”) to supply content franchise products from E, but to pay KRW 1 billion in advance of the price of goods to E (hereinafter “instant commodity supply agreement”).

C. On the same day between the rehabilitation company and the defendant C, who is the representative director, the debtor and the person who created the right to collateral security (hereinafter “instant contract”) regarding each of the instant real estate owned by the defendant, the document describing the debtor and the person who created the right to collateral security (hereinafter “the document of collateral security”) as KRW 1.1 billion was prepared. Accordingly, the registration of establishment of mortgage was completed on July 30, 2008, the 1.1 billion won of the maximum debt amount, which was received on July 30, 2008, and the 1.1 billion won of the maximum debt amount, which was filed with the debtor C (hereinafter “registration of establishment of mortgage”).

On August 1, 2008, the rehabilitation company paid 1 billion won advance according to the instant goods supply agreement to E.

E. Since then, with respect to each of the instant real estate, the registration of the establishment of the establishment of the neighboring real estate of this case was revoked on January 10, 201 by the Jung-gu District Court Goyang-gu Branch of the High District Court, No. 1641, which was received on January 10, 201, and the registration of ownership transfer was completed on the ground of sale on the same date under the name of Defendant D as the receipt No. 1644, Jan. 10, 201, and the registration of ownership transfer was completed on February 27, 2013 under the name of the Defendant Company as the receipt of No. 17960, Feb. 20, 20

[Reasons for Recognition]

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